ABCMR Record of Proceedings (cont) AR20060005486
RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 October 2006
DOCKET NUMBER: AR20060005486
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun / DirectorMs. Wanda L. Waller / Analyst
The following members, a quorum, were present:
Mr. Patrick McGann / ChairpersonMr. David Gallagher / Member
Mr. Roland Venable / Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
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ABCMR Record of Proceedings (cont) AR20060005486
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Infantryman Badge.
2. The applicant states, in effect, that he may qualify for award of the Combat Infantryman Badge due to special provisions (i.e., Vietnam veterans serving in other than an infantry military occupational specialty (MOS) in country for 30 consecutive days that served in an advisory capacity and came under hostile enemy action). He states that he served as a military intelligence specialist and went into the field on a few occasions and on at least on one occasion he came under enemy fire. He states that in June 1967 he was severely wounded as a result of a booby trapped land mine. He states, in effect, that he qualifiedinan “advisory capacity” because he was the only one in the area at the time who knew the location of suspected landmines set against them and he led a squad of infantry to the area in question. They located and destroyed one mine and were in the process of searching for others when one exploded, killing two men and severely wounding the radioman and himself.
3. The applicant provides orders for the Purple Heart.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on
14 September 1967. The application submitted in this case is dated 31 March 2006.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted on 6 November 1958. He served as a stenographer in Vietnam from 25 August 1959 through 20 October 1960. On 5 November 1961, he was honorably discharged for immediate reenlistment. He reenlisted on
6 November 1961 for a period 6 years. He was awarded military occupational specialty (MOS) 97B (military intelligence specialist) on 15 September 1965. He
arrived in Vietnam on 11 January 1967. He served in MOS 97B assigned to the 25th Military Intelligence Detachment in Vietnam from 16 January 1967 until he was wounded in action on 27 June 1967 and evacuated to the United States on 27 July 1967 for further medical treatment. On 14 September 1967, the applicant was honorably discharged.
4. The applicant’s DD Form 214 for the period ending 14 September 1967 shows the Good Conduct Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Armed Forces Expeditionary Medal, a Letter of Appreciation, and a Letter of Commendation as authorized awards.
5. Headquarters, 12th Evacuation Hospital General Orders Number 135, dated 28 June 1967, show the applicant received the Purple Heart for wounds received in action on 27 June 1967.
6. There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.
7. Headquarters, U.S. Army Element, SHAPE, General Orders Number 61, dated 1 September 1965, show the applicant received the Joint Service Commendation Medal.
8. Records show the applicant participated in two campaigns during the period 11 January 1967 through 27 July 1967.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the applicant's unit is entitled to the Meritorious Unit Commendation for actions during the period January 1966 to March 1967 based on Department of the Army General Orders Number 17, dated 1968. His unit was cited for a second award of the Meritorious Unit Commendation for actions during the period 1 May 1967 through 31 July 1968 based on Department of the Army General Orders Number 42, dated 1969.
10. Department of the Army Pamphlet 672-3 shows the applicant's unit
is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971.
11. Department of the Army Pamphlet 672-3 also shows that the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.
12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
13. U.S. Military Assistance Command, Vietnam, (MACV) Directive 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this regulation listed advisor positions in MACV, which were considered infantry positions and for which award
of the Combat Infantryman Badge was authorized. The primary duty, Intelligence Advisor, is listed as one of the duties not eligible for award of the Combat Infantryman Badge.
14. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
15. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Purple Heart and the Joint Service Commendation Medal.
2. Evidence of record shows the applicant served as a military intelligence specialist during his assignment in Vietnam. The governing regulation in effect at the time states that the primary duty, Intelligence Advisor, is not one of the duties eligible for award of the Combat Infantryman Badge. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
3. Based on the applicant’s service in Vietnam from 11 January 1967 through
27 July 1967, he is entitled to award of the Vietnam Service Medal with two bronze service stars (since his Armed Forces Expeditionary Medal was awarded for his first tour in Vietnam).
4. The applicant’s unit was cited for two awards of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.
5. Records show the applicant should have discovered the alleged errors now under consideration on 14 September 1967; therefore, the time for the applicant to file a request for correction of any error expired on 13 September 1970.Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.
BOARD VOTE:
______GRANT FULL RELIEF
PM______DG______RV____ GRANT PARTIAL RELIEF
______GRANT FORMAL HEARING
______DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending
14 September 1967 to add the Purple Heart, the Joint Service Commendation Medal, the Vietnam Service Medal with two bronze service stars, two awards of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to award of the Combat Infantryman Badge.
___Patrick McGann_____
CHAIRPERSON
INDEX
CASE ID / AR20060005486SUFFIX
RECON
DATE BOARDED / 20061011
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION / GRANT
REVIEW AUTHORITY
ISSUES 1. / 107.0015
2. / 107.0111
3. / 107.0000
4.
5.
6.
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